Guidance: Settlement Policy on Contribution Waiver Language Regarding De Micromis Parties (Exempt and Non-Exempt)
Memorandum addresses the new Section 107(o) to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund) added by the 2002 Brownfield Amendments. The section provides a qualified exemption from liability for de micromis parties. Issued 11/6/2002.
The settlement policy addresses the United States’ position regarding those parties that fall within the statutory definition of de micromis (referred to herein as “exempt de micromis parties”), and those parties that fall outside the statutory definition, but who may be deserving of similar treatment based on case-specific factors (referred to herein as “non-exempt de micromis parties”).